INTERNATIONAL LAW AND
Faculty of International Studies
SEM NOV 2005/6 1
• Detailed Contents
• International Law
– Sources of International Law
– Enforcement of International Law
– The Place of International Law
• Human Rights
SEM NOV 2005/6 2
Sources of International Law
– Laws within states come from central
authorities, legislature or dictators.
– Because states are sovereign and recognize
no CENTRAL AUTHORITY, international law
rests on a different basis.
SEM NOV 2005/6 3
• Then, does international law come from?
• FOUR sources of international law are
– General principles of law (such as equity)
– Legal scholarship (e.g. past judicial
SEM NOV 2005/6 4
• Treaties and other written conventions signed by states are
the most important source.
• If states behave toward each other in a certain way for long
enough, their behavior may become generally accepted
practice with the status of law.
– General principles of law
• Actions such as theft and assault recognized in most national
legal systems as crimes tend to have the same meaning in
an international context.
– Legal scholarship
• The written arguments of judges and lawyers around the
world on the issues in questions.
SEM NOV 2005/6 5
• Enforcement of International Law
• International law is much more difficult to
• There is no world police force.
• Enforcement of international law depends
on the power of states themselves,
individually or collectively, to punish
SEM NOV 2005/6 6
• The Place of International Law
• DO YOU THINK THAT THE UNITED STATES
SHOULD FOLLOW INTERNATIONAL LAW,
EVEN WHEN IT LIMITS U.S ACTIONS IN THE
WAR ON TERRORISM?
• OR, SINCE THERE IS NO WORLD
GOVERNMENT HAVE A MORAL RIGHT AND
DUTY TO DO WHATEVER IT TAKES TO
DESTROY TERRORISTS AND PROTECT THE
U.S HOMELAND FROM CATASTROPHIC
ATTACK, EVEN IF IT MEANS DISPENSING
WITH INTERNATIONAL LAW?
SEM NOV 2005/6 7
• Human Rights
• WE WANTS OUR RIGHTS?
SEM NOV 2005/6 8
• International norms concerning human
rights conflict with the state sovereignty.
• Effort to promote human rights are
routinely criticized by governments with
poor human rights records.
• For examples China, Russia, Burma.
• NGO- Amnesty International
SEM NOV 2005/6 9
• Thank you
SEM NOV 2005/6 10